FAR 8.710—Quality of merchandise.
Plain-English Summary
FAR 8.710 addresses the quality standard that applies to supplies and services furnished by AbilityOne participating nonprofit agencies under the AbilityOne Program. It covers two related topics: first, the baseline requirement that all supplies and services must comply with any Government specifications and standards cited in the order; and second, what quality standard applies when no such specifications or standards exist. In that fallback situation, supplies must be of the highest quality and equal to similar items available on the commercial market, while services must conform to good commercial practices. The purpose of the rule is to ensure that AbilityOne purchases deliver acceptable, market-competitive quality even when the ordering activity has not spelled out detailed technical requirements. In practice, this section helps contracting officers, ordering activities, and nonprofit agencies understand that the absence of a specification does not lower the quality bar; instead, it shifts the standard to a commercially comparable level for supplies and a recognized commercial standard for services.
Key Rules
Follow cited specifications
If the order cites Government specifications or standards, the AbilityOne nonprofit agency must provide supplies and services that comply with those requirements. The cited specifications control the quality and performance expectations for the order.
Highest quality for supplies
When no specifications or standards exist, supplies must be of the highest quality. This means the items should not be merely acceptable or average; they must reflect top-tier quality for the type of product being purchased.
Commercial-market equivalence
In the absence of specifications or standards, supplies must be equal to similar items available on the commercial market. The benchmark is comparable commercial quality, not a lower nonprofit-specific standard.
Good commercial practices for services
When no specifications or standards exist, services must conform to good commercial practices. This requires service performance consistent with accepted commercial norms and methods for that type of service.
Order-specific standard controls
The quality requirement depends on what the order includes. If the ordering activity includes specifications or standards, those govern; if it does not, the fallback quality rules in FAR 8.710 apply.
Responsibilities
Contracting Officer / Ordering Activity
Identify and cite applicable Government specifications and standards in the order when needed, so the quality requirement is clear. If no specifications or standards are included, ensure the order still reflects the FAR 8.710 fallback expectation for high-quality supplies and commercially sound services.
AbilityOne Participating Nonprofit Agency
Provide supplies and services that meet any cited Government specifications and standards. If none are cited, furnish supplies of the highest quality and equal to similar commercial items, and perform services in accordance with good commercial practices.
Agency / Customer Activity
Define requirements clearly enough to support the desired quality level and verify that delivered items or services meet the applicable standard. The agency should not assume that the absence of detailed specifications means a lower-quality product or service is acceptable.
Practical Implications
This section prevents quality disputes by making clear that AbilityOne purchases are not exempt from normal Government or commercial quality expectations.
Contracting officers should be careful to include specifications or standards when the agency needs a particular performance or technical result; otherwise, the fallback standard may be harder to measure and enforce.
A common pitfall is assuming that no specification means any acceptable quality will do. FAR 8.710 instead requires high-quality supplies and commercially sound services.
For supplies, the phrase "highest quality" can be subjective, so ordering activities should document expectations, inspection criteria, or brand/model references when appropriate.
For services, "good commercial practices" means the nonprofit agency should perform in a way that would be considered normal and acceptable in the commercial marketplace, so poor workmanship or outdated methods may not satisfy the requirement.
Official Regulatory Text
Supplies and services provided by AbilityOne participating nonprofit agencies shall comply with the applicable Government specifications and standards cited in the order. When no specifications or standards exist- (a) Supplies shall be of the highest quality and equal to similar items available on the commercial market; and (b) Services shall conform to good commercial practices.